What Is the Penalty for a Second Offense DUI in Virginia?

Receiving a DUI is a serious matter. Receiving a second DUI in Virginia is twice as serious and carries significant consequences, especially for those who fail to hire competent legal representation. If you’ve been charged with driving under the influence anywhere in the commonwealth of Virginia for the second (or third, or fourth) times, you may be facing intense penalties. For a second offense DUI, potential penalties include:

  • a monetary fine of at least $500.
  • revocation of license indefinitely
  • Mandatory jail time, the duration of which depends on the time between DUI offenses (within 5 years mandates up to a year while within 5 to 10 years carries a mandatory 10 day minimum.
  • Driver’s license restrictions
  • A possible ignition interlock device
  • Other court-ordered consequences

Virginia Alcohol Safety Action Program

Anyone who gets a DUI or DWI in Virginia may also have to register and engage with the Virginia Alcohol Safety Action Program, also known as ASAP. Each locality has a convenient ASAP office for offenders where they are assigned case managers. ASAP involves education and treatment for alcohol-use disorders and aims to help prevent future problems related to driving intoxicated. If the offender fails to report to or comply with ASAP, the court may impose additional penalties. If you’ve been convicted of a DUI previously, you’ve probably already dealt with ASAP, but you should expect to return to your case manager (and a different, more stringent alcohol-use education program).

Other Factors

Did you know that Blood Alcohol Level (BAC) at the time of arrest has an impact on the severity of the penalties? If the BAC is at or over .20, the jail sentence extends by 20 days and the fine is raised to $1,000 minimum.

If you’ve been charged with a DUI in Virginia, you need strong, aggressive legal representation. Driving Under the Influence is a very serious crime, punishable by fines, jail-time and license suspension. The DUI attorneys at Virginia Beach Law Group are highly skilled at defending people with multiple DUIs. We can help get you the best possible result, but only if you call now. Let’s talk about your case. It’s free to call.

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